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How can our governor force private schools to remain closed?

Discussion in 'Education Law, School System' started by misbehavens, Jul 29, 2020.

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  1. misbehavens

    misbehavens Law Topic Starter New Member

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    Oregon
    The governor of Oregon has recently announced that private schools in our county must remain closed to in-person instruction until COVID-19 case counts are below a certain threshold. My question is...what law allows our governor to force private schools to remain closed? Doesn't Oregon/federal law protect private schools to make these decisions for themselves? Are these simply strongly worded recommendations, or is there any legal basis for what has been mandated?
     
  2. army judge

    army judge Super Moderator

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    There probably isn't any such state law that allows any state governor to do what any of them have been doing during the alleged "pandemic".

    I suggest you contact your state's attorney general and see what you can learn.

    Your other option would be to speak contact your elected state senator and/or representative.

    Good luck.
     
  3. zddoodah

    zddoodah Well-Known Member

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    There's no law. It's inherent in the governor's authority as the head of government in the state.

    No.

    Having not read the order that you're talking about, I don't know.
     
  4. Tax Counsel

    Tax Counsel Well-Known Member

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    No federal law gives a private school a right to reopen when state law says it must be closed. In our federal system it is the states that have primary control over education, not the federal government.

    As far as the state law authority, the governor cited her legal authority in her earlier Executive order 20-29 that restricts the reopening of both public and private schools. What the governor is doing now is updating the metrics for school reopening based on findings from the Oregon Departments of Health and Education. Her previous executive order is likely to be updated to the extent necessary to effect those metrics based given the governor's recent statements on the matter.

    Note that in addition to the authority cited by the governor it is likely that the state could deny state funding to private schools that refuse to get with the program. And as many even private schools rely on at at least some government money that could be painful for a school to have those funds withheld.


    Said by a guy who apparently opposes all such actions and who likely has not studied the state laws of states outside his own "great" state of Texas on the matter. ;)
     
  5. justblue

    justblue Well-Known Member

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    Do you have a child/ren in private school?
     
  6. army judge

    army judge Super Moderator

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    Said?

    No, typed.

    As far as your ability to assess what I know, have studied, or researched, you continue to fail miserably.

    Have a nice day, and bless your little heart.
     

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